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Review Procedure Civil Retrial

Author: MaYue
Tutor: HeNingSheng
School: Northwestern University
Course: Law
Keywords: civil retrial review the application system improvement
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract


In this paper, Ningxia People’s High Court Civil Procedure Law of the existing review process applies to a civil retrial three years since the emergence of new problems and new situations for analysis. Affirm its positive role in the context of the need for improvement in the law, the judge in the review process needs to grasp the principles and norms of civil retrial review process for a number of recommendations, to seek a nationwide general application, the line of effective, scientific and rational civil retrial review process for the country to provide uniform application of standards.This article discusses three parts:The first part of the review process of the concept of civil retrial, legal status and significance of elaborate.The second part of the case from filing the admissibility stage and two stage review of the Higher People’s Court of Ningxia in the application review process in a civil retrial problems for analysis. Filing problems with the admissibility stage filing date of the starting problem for the case without the appellate process, the parties directly up a people’s court to the admissibility of the application for retrial and the court to rehear the case after a review was rejected, the parties continue to apply whether the retrial the issue of admissibility. Problems in the case review stage start-up problems with the program, review the problem of non-uniform patterns and review procedures are not standard issue.The third part through the problems from the review process of China’s civil retrial improvement recommendations, including the cost of litigation charging system improve and standardize the retrial proceedings subject specification retrial filing review process and other related measures of improvement.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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